1 2025:CGHC:50161 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6842 of 2025 Devendra Sahu S/o Hemlal Sahu Aged About 19 Years R/o Ward No. 7 Mohbhattha Para Newra P.S. Tilda Newra District- Raipur (C.G.) ... Applicant versus State Of Chhattisgarh Through Station House Officer- Tilda- Newra District- Raipur (C.G.) ... Respondent For Applicant : Shri Sandeep K. Sharma, Advocate. For Respondent/State : Shri Soumya Rai, PL. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 08/10/2025 1. This is the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of regular bail to the applicant who has been arrested in connection with Crime No.311 of 2025 registered at Police Station Tilda-Newra District Raipur (C.G.) for the offence punishable under Sections 296, 351(3), 109, 3(5) of BNS Act, 2023 and section 25, 27 of Arms Act. GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.10.08 19:47:49 +0530 2 2. Case of the prosecution, in brief, is that on 24.07.2025 due to Hareli Festival, Mukesh Yadav and Dinesh Sahu have parked their motor cycle in the front of house and talked about each other and blocked the village road, the other accused have raised objection to remove their motor cycle, though some dispute arose between the parties and co- accused used filthy language and has assaulted them with a sharp knife. On the basis of said complaint, the FIR has been registered and the applicant has been arrested on the memorandum of co-accused. 3. Learned counsel for the applicant submits that the applicant is innocent and he has been falsely implicated in this case. He would submit that two persons namely Mukesh Yadav and Dinesh Sahu are said to have been assaulted by the applicant along with three other accused persons. He would submit that the applicant is in jail since 26/07/2025 and conclusion of trial will take some time, therefore, he prays for grant of bail to the applicant. 4. On the other hand, learned State Counsel opposes the bail application. He would submit that injured Mukesh Yadav has received injuries on wrist and shoulder and injured Dinesh Sahu has received injury on back side of the head and as per MLC report there is no opinion of doctor that the injuries were grievous or dangerous to life. 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. Taking into consideration the facts and circumstances of the case, considering the fact that two persons namely Mukesh Yadav and Dinesh Sahu are said to have been assaulted by the applicant along with three other accused persons and injured Mukesh Yadav has 3 received injuries on wrist and shoulder and injured Dinesh Sahu has received injury on back side of the head and as per the MLC report, there is no opinion of doctor that the injuries were grievous or dangerous to life, period of detention of the applicant since 26/07/2025 and also considering the fact that trial is likely to take some time for its conclusion, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Accordingly, the bail application is allowed and it is directed that the Applicant- Devendra Sahu, involved in Crime No.311 of 2025 registered at Police Station Tilda-Newra District Raipur (C.G.) for the offence punishable under Sections 296, 351(3), 109, 3(5) of BNS Act 2023 and section 25, 27 of Arms Act, be released on bail on his furnishing a personal bond with two sureties in the like sum to the satisfaction of the Court concerned with the following conditions:- (i) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law. (ii) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence, proclamation under Section 4 84 of BNSS. is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 209 of the Bharatiya Nyaya Sanhita. (iv) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 351 of BNSS. If in the opinion of the trial court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law. 8. Office is directed to send a certified copy of this order to the trial Court for necessary information and compliance. Sd/- (Ramesh Sinha) CHIEF JUSTICE gouri